Mason v. Hoyle
Supreme Court of Connecticut
Suit for an injunction against the unlawful detention of the waters of a stream, by the defendant, the owner of an upper mill, to the injury of the plaintiffs, the owners of lower mills on the stream; brought to the Superior Court in Tolland County. The following finding of facts was made by the court.
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Suit for an injunction against the unlawful detention of the waters of a stream, by the defendant, the owner of an upper mill, to the injury of the plaintiffs, the owners of lower mills on the stream; brought to the Superior Court in Tolland County. The following finding of facts was made by the court. The plaintiffs, at the commencement of the suit, and for many years before, were and had been severally the owners and occupiers of lands, mills and mill privileges, situated on a stream of water called Fenton River in the town of Mansfield. The plaintiff Mason during all that time has owned…
1Opinion of the CourtLoomis, J.
The rule that now obtains in all jurisdictions, as recognized by all the authorities, is that the use made by *262mill-owners of a stream, must in its relation to other mill-owners on the same stream, be a reasonable use. The rule is obviously one that applies solely to the relation of the several occupants of the stream among themselves. Where one mill-owner is the sole occupant there is in law no limitation upon his use. The rule being that of reasonable use, the application of the rule becomes a matter for each particular case. The question, while in some sense a mixed question of law and…
2Cases cited8 opinions
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
- Snow v. ParsonsSupreme Court of Vermont · 1856
- Parker v. HotchkissSupreme Court of Connecticut · 1856
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
- Inhabitants of Stratford v. SanfordSupreme Court of Connecticut · 1832
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3Cited by5 opinions
- Labbadia v. BaileySupreme Court of Connecticut · 1959
- Lake Williams Beach Ass'n v. Gilman Bros.Supreme Court of Connecticut · 1985
- Board of Water Commissioners v. PerrySupreme Court of Connecticut · 1897
- Ognio v. Elm Farm Milk Co.Supreme Court of Connecticut · 1916
- Emerson v. EmersonBaltimore City Circuit Court · 1912